DAPL Opinion Highlights Pipeline Project NEPA Challenges

By Deidre Duncan, Todd Mikolop and Clare Ellis (June 28, 2017, 1:22 PM EDT) -- Despite oil already flowing through the pipeline, federal litigation involving the controversial Dakota Access pipeline (DAPL) recently took another turn when Judge James E. Boasberg of the United States District Court for the District of Columbia granted partial summary judgment to two tribes challenging the adequacy of the U.S. Army Corps of Engineers' review of DAPL under the National Environmental Policy Act (NEPA) and other statutes. The Standing Rock Sioux Tribe and the Cheyenne River Sioux Tribe filed suit in July 2016 (Standing Rock Sioux Tribe, et al. v. U.S. Army Corps of Engineers, Case No. 16-1534 (D.C. Columbia June 14, 2017)) to block construction of the last remaining segment (and subsequent operation) of DAPL....

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